By Emma Whitford

Law360 (August 14, 2020, 4:57 PM EDT) -- Navajo Nation President Jonathan Nez on Thursday announced a plan to reopen businesses and government offices on the country's largest reservation, citing a "consistent flattening of the curve" following several dire months and thousands of coronavirus cases.

Residents of the Navajo Nation — roughly 175,000 people across portions of New Mexico, Arizona and Utah — must continue to wear face masks and practice social distancing as businesses implement new policies in accordance with a color-coded system of guidelines, Nez said in a Thursday press release. Nightly curfews and weekend lockdowns will continue. 

Government offices, including 110 regional offices known as chapter houses, are also scheduled to reopen starting Aug. 16, concerning some government employees and legislators. 

"This will not be a rushed reopening," Nez said in a statement. "We spent many weeks working together with the health care experts and many others to develop the phased-in reopening plan."

Reservation businesses are currently in code orange, according to Thursday's release, mandating "moderate-high" restrictions.

The orange phase allows drive-through service at restaurants and banks, according to the nation's website. Barber shops and hair salons can open by appointment only.

Gyms, movie theaters, casinos, flea markets, museums, roadside markets and youth programs cannot operate in this phase. Other businesses — such as grocery stores and gas stations — must not exceed 25% of their capacity.

Parks, which typically draw tourists to the reservation, must operate by appointment only.

Depending on factors such as case rates and hospital capacity, Nez said, the nation may revert to phase red. Most businesses would be forced to close, with strict 10-person limits inside grocery stores and laundromats.

Positive coronavirus cases peaked in May on the reservation, according to Nez's office. The nation has now had fewer than 100 reported daily cases for 48 consecutive days, and fewer than 50 daily cases for nearly two weeks.

The nation's new "Navajo Reopening" website features recommendations for government offices as they begin to reopen Monday.

Visitors and staff should sign in and out each day to assist in contact tracing efforts, according to the guidance. Offices are urged to implement temperature screenings and mask requirements, as well as staggered and remote work schedules.

This guidance has raised some concerns, legislators and government workers told Law360 on Friday.

Navajo Council Delegate Amber Crotty represents several communities in the northeast part of the reservation. She said she'd like more assurances that all government offices have adequate PPE. 

"I'm not a health expert, but I do know there are still Navajo workers who are concerned about their safety and have to take care of their elderly parents," she told Law360 on Friday. "So the key is, how much can we do virtually or at home?" 

Kevin Begay manages the Sheep Springs chapter house in the eastern part of the reservation, in New Mexico. Starting Monday, his team will provide potable water to the community, as well as services like internet, copy and fax, and financial assistance.

Begay is nervous, he told Law360, as both he and his administrative assistant have elderly family to care for. While cases are low on the reservation, neighboring Arizona is struggling to control the virus.

"I do understand that people do need some of the essential services, but right now we are in an island where surrounding states are much higher than we are," he said. "So I feel like maybe we shouldn't reopen just as quick."

The Navajo Nation reported 38 new positive cases of the novel coronavirus on Thursday and one death, according to a press release. To date, 9,394 Navajo have tested positive for the virus, and 478 people have died. 

--Editing by Emily Kokoll.

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